Staten Island Brain Injury Lawyer
A brain injury can upend your entire life in an instant. Frekhtman & Associates represents Staten Island and Richmond County brain injury victims with no upfront cost and free 24/7 consultations. Our attorneys have recovered over $900 million for injured New Yorkers.
A brain injury can turn your world upside down overnight. Medical bills pile up, you may not be able to work, and the injury itself may be invisible to everyone around you. If you or a family member suffered a traumatic brain injury in Staten Island or anywhere in Richmond County, you have the right to pursue compensation, and you do not have to face this alone.
At Frekhtman & Associates, our Staten Island brain injury lawyers represent victims of serious head trauma at no upfront cost. As a Staten Island personal injury firm, we work on a contingency fee basis, which means no fee unless we recover compensation for you.
Our Proven Results:
- $900M+ recovered for injured clients across documented cases
- 25+ years fighting for New York injury victims
- $69.25M largest single recovery in a motor vehicle accident case
- 300+ five-star Google reviews from real clients
- Fluent in English and Russian
- 9.9 Avvo rating and National Top 100 Trial Lawyers
- Featured in NY Post, Daily Mail, and CBS New York
Why Choose Frekhtman & Associates for Your Staten Island Brain Injury Case
When you are dealing with a brain injury, you need a legal team that understands both the medicine and the law. Here is what sets our firm apart:
- Over $900 Million Recovered: Our attorneys have recovered over $900 million for injured New Yorkers across more than two decades of practice.
- Brain Injury Verdicts on Record: Our trial record includes two separate $1.8 million jury verdicts in motor vehicle accident cases. One was a head trauma verdict. The other was a brain injury verdict. Both are documented on our Verdicts & Settlements page. Past results do not guarantee future outcomes.
- Free Consultations 24/7: Consultations are available 24 hours a day, 7 days a week, including hospital and home visits for clients too seriously injured to travel.
Russian-Language Staff: We serve Staten Island’s immigrant communities with the cultural understanding and language access they deserve.
Our New York brain injury lawyers handle every aspect of your case, from the first investigation through trial, so you can focus entirely on your recovery.
Her child's brain damage was permanent. She went from scared and lost to having a professional, empathetic, brilliant team.
I cannot say enough good things about Frekhtman & Associates. My child had traumatic brain injury. Originally I wasn't interested in a lawsuit. But it became clear that my son's brain damage was permanent. I got scared for his future. My friend recommended Frekhtman & Associates to represent me. I went from being scared, lost and confused to having a professional, empathetic, kind, brilliant team. Their communication skills and response time for call backs is amazing. I am forever grateful that I found them.
What Is a Traumatic Brain Injury?
A traumatic brain injury, or TBI, occurs when a sudden blow, jolt, or penetrating injury disrupts normal brain function. TBIs include mild concussions, contusions, diffuse axonal injuries, and severe penetrating trauma. Under New York law, even a “mild” TBI can qualify as a compensable injury if it causes lasting symptoms.
Closed Head Injuries vs. Open Head Injuries
A closed head injury means the skull remains intact, but the brain is still damaged by the force of impact. These are the most common types and include concussions, contusions, and diffuse axonal injuries. An open head injury, also called a penetrating injury, occurs when an object breaks through the skull. Both types can cause permanent neurological damage.
Common Types of Brain Trauma
- Concussion: The most common TBI. Caused by a sudden jolt that shakes the brain inside the skull.
- Contusion: A bruise on the brain tissue, often caused by a direct impact.
- Diffuse Axonal Injury: Widespread tearing of nerve fibers throughout the brain, often caused by rapid acceleration or deceleration, such as in a car crash.
- Intracranial Hemorrhage: Bleeding inside the skull that can compress brain tissue and cause permanent damage.
- Skull Fracture: A break in the skull bone that may or may not involve direct brain injury.
What Are the Most Common Causes of Brain Injuries in Staten Island?
Brain injuries happen in many ways across Staten Island’s roads, job sites, and public spaces. The following are the most common causes we see in our practice.
Car, Truck, and Motorcycle Accidents
The Staten Island Expressway (I-278), the Verrazzano-Narrows Bridge, and Hylan Boulevard are among the most heavily traveled roads in the borough. High-speed collisions on these roads are a leading cause of traumatic brain injuries, and the mechanics of how a car crash produces a TBI shape how these claims are built. Our NYC car accident lawyers and truck accident lawyers handle these cases regularly. Motorcycle riders face a heightened risk because New York’s no-fault insurance law does not cover motorcycles, which changes how injury claims are handled. Our motorcycle accident attorneys understand these distinctions.
Falls and Construction Site Accidents
Slip-and-fall accidents are a major source of brain injuries in Staten Island, alongside construction site falls. New York Labor Law Sections 240 and 241 impose strict liability on property owners and general contractors for elevation-related construction accidents, regardless of worker fault. Our construction accident attorneys have extensive experience with these claims. If your brain injury happened at a construction site, you may have rights under both workers’ compensation and a separate third-party lawsuit.
Medical Malpractice and Birth Injuries
Brain injuries caused by a doctor’s error, a delayed diagnosis, or oxygen deprivation during childbirth fall under medical malpractice. Hypoxic brain injuries at birth are among the most devastating outcomes of medical negligence. Our birth injury lawyers handle these cases with the specialized care they require.
Other Causes
Brain injuries also result from pedestrian knockdowns, bicycle accidents, bus and subway accidents, assaults, and defective products. Our pedestrian accident lawyers, bicycle accident lawyers, and MTA accident lawyers represent victims across all of these categories.
Local Brain Injury Treatment and Support Resources in Staten Island
Getting the right medical care quickly is critical after a brain injury. Staten Island has two major hospital systems equipped to treat serious head trauma.
- Staten Island University Hospital (Northwell Health) operates two campuses and provides emergency neurology and trauma services for brain injury patients across the borough. Richmond University Medical Center is another full-service hospital on Staten Island with emergency and neurological care capabilities.
- For ongoing support, the Brain Injury Association of New York State connects survivors and families with rehabilitation resources, support groups, and advocacy services throughout the state.
If you were treated at either hospital after your injury, preserve all medical records. Those records are a critical part of building your legal case.
Symptoms and Long-Term Effects of a Brain Injury
Brain injury symptoms can emerge hours, days, or even weeks after the accident. This delay is exactly why insurance companies dispute TBI claims. They use the gap to argue your injuries are unrelated or pre-existing.
Physical, Cognitive, and Emotional Symptoms
Brain injury symptoms do not always appear immediately. Some develop hours or days after the accident. Common symptoms include:
- Persistent headaches or pressure in the head
- Nausea and vomiting
- Dizziness and loss of balance
- Sensitivity to light and sound
- Memory loss and difficulty concentrating
- Confusion and slowed thinking
- Mood swings, depression, anxiety, and PTSD that often develop alongside TBI
- Sleep disturbances and disorders
- Seizures (in more severe cases)
If you experienced any of these symptoms after an accident, seek medical attention right away, even if you were not diagnosed with a brain injury at the scene.
How a Brain Injury Can Change Your Life
The long-term effects of a TBI can be profound. Many survivors face permanent cognitive impairment, personality changes, and an inability to return to the work they did before. Relationships suffer. Independence is lost. Families are forced to become full-time caregivers. The financial toll, including ongoing rehabilitation, in-home care, and lost earning capacity, can reach into the millions of dollars over a lifetime.
You deserve to have those costs fully accounted for in your claim. Our attorneys work with neuropsychologists, life-care planners, vocational experts, and economists to document every dollar of your past and future losses.
If you or a family member is living with the effects of a brain injury, reach out to us for a free consultation, available 24 hours a day. There is no fee unless we recover compensation for you.
How Our Staten Island Brain Injury Attorneys Can Help
Brain injury claims turn on work that happens long before settlement: preserving evidence, retaining the right experts, and preparing every case as if it will go to a Richmond County jury.
Here is what that looks like in practice:
Investigating Your Accident and Gathering Evidence
We secure accident reports, surveillance footage, witness statements, and physical evidence before it disappears. Fast. In construction cases, we preserve job-site records and safety logs. In vehicle cases, we obtain black-box data and driver records. The strength of your case depends on the evidence gathered in the early weeks, which is why contacting us quickly matters.
A typical brain injury case moves through these stages: free consultation, investigation and evidence preservation, medical expert review, demand package preparation, insurance negotiation, filing suit if necessary, discovery, and trial. We handle every step. You focus on healing.
Working with Medical Experts and Life-Care Planners
Proving a brain injury claim requires more than medical records. We work with neuropsychologists who can document cognitive deficits that do not show up on a standard CT scan. We retain life-care planners who project the full cost of your future medical needs, including rehabilitation, assistive technology, and in-home care. Vocational experts assess how your injury has affected your earning capacity. Economists calculate the present value of those future losses. This is how we build cases that reflect the true, lifetime impact of a brain injury.
Negotiating with Insurance Companies
Insurance companies move quickly after a serious accident. Their goal is to close your claim for as little as possible, often before you understand the full extent of your injuries. We handle all communications with insurers on your behalf. We counter lowball offers with documented evidence and, when necessary, we take cases to trial.
Taking Your Case to Trial in Richmond County Supreme Court
Not every case settles. When an insurer refuses to offer fair compensation, we are prepared to try your case before a Richmond County Supreme Court jury. Our attorneys have tried cases in all five New York City boroughs and understand how local juries evaluate serious injury claims. We do not use the threat of trial as a negotiating tactic. We prepare every case as if it will go to a jury.
Our catastrophic injury lawyers and spinal cord injury attorneys use the same rigorous methodology for all life-altering injury cases. Call us at (866) 288-9529 for a free consultation. No fee unless we recover compensation for you.
What Compensation Can You Recover for a Brain Injury?
Under New York law, brain injury victims can recover two main types of compensation: economic damages for the financial losses caused by the injury, and non-economic damages for the personal toll. In a smaller number of cases, punitive damages may also be available. All three should be evaluated and documented from day one, since how a TBI settlement is built depends heavily on what gets captured in the first weeks after the accident.
Economic Damages
Economic damages cover the measurable financial losses caused by your injury. These include:
- Past and future medical expenses, including emergency care, surgery, rehabilitation, medication, and assistive devices
- Lost wages and lost earning capacity
- In-home care and personal assistance costs
- Transportation to medical appointments
- Home modification costs, such as ramps, lifts, and accessibility upgrades
Non-Economic Damages
Non-economic damages compensate for losses that do not come with a price tag but are no less real. These include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium, including the impact on your relationship with a spouse or family member
New York law does not cap non-economic damages in most personal injury cases. Juries have broad discretion in awarding these amounts based on the evidence presented. Recent TBI verdicts in New York have ranged from $1 million to over $25 million in 2026, with the largest awards reserved for catastrophic permanent injuries.
Punitive Damages in Limited Cases
Punitive damages are available in New York only when the defendant’s conduct goes beyond ordinary negligence, such as drunk driving, a knowing safety violation, or intentional harm. New York does not cap punitive damages by statute, though federal constitutional limits apply. Insurance policies generally do not cover punitive awards, which affects collectibility against individual defendants.
New York Laws That Affect Brain Injury Claims
Four New York laws govern every brain injury claim. They control who can sue, when the claim must be filed, how shared fault affects recovery, and what happens when the at-fault party is a government entity. Missing a single deadline or threshold in any of these brain injury laws can end a case before it starts.
The "Serious Injury" Threshold (Insurance Law §5102(d))
If your brain injury resulted from a motor vehicle accident, New York’s no-fault insurance law creates an important legal hurdle. Under Insurance Law §5102(d), you can only sue the at-fault driver for pain and suffering if your injury qualifies as a “serious injury.” The law defines serious injury to include:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of the use of a body function or system
- A medically determined injury or impairment that prevents you from performing all of your usual daily activities for at least 90 of the 180 days immediately following the accident
A traumatic brain injury, even one without a fracture or visible wound, can satisfy this threshold. Neuropsychological testing, neuroimaging, and expert testimony are often the key to proving it.
Statute of Limitations: You Have 3 Years to File (CPLR §214)
In most brain injury cases, you have three years from the date of the accident to file a lawsuit in New York (CPLR §214). If the brain injury resulted in death, the wrongful death claim must be filed within two years of the date of death under EPTL §5-4.1. For brain injuries caused by medical malpractice, the deadline is two and a half years from the date of the malpractice or the end of continuous treatment under CPLR §214-a. Missing any of these deadlines permanently bars your claim.
Comparative Negligence: You Can Still Recover Even If Partly at Fault (CPLR §1411)
New York follows a pure comparative negligence rule under CPLR §1411. Even if you were partly responsible for the accident, you can still recover compensation. Your award is reduced by your percentage of fault. For example, if a jury finds you 20 percent at fault and awards $1,000,000, you receive $800,000. You are not barred from recovery simply because you share some responsibility.
Special Deadlines for Claims Against Government Entities (90-Day Notice)
If your brain injury was caused by an MTA bus, a New York City Transit Authority subway, a city vehicle, or any other government entity, a strict 90-day deadline applies. Under General Municipal Law §50-e, you must serve a Notice of Claim on the government entity within 90 days of the accident. Missing this deadline permanently bars your claim, regardless of how serious your injuries are. This is one of the most critical deadlines in New York personal injury law, and it is one of the first things we address when a new client contacts us.
Workers' Compensation and Third-Party Brain Injury Claims
If your brain injury happened at work, workers’ compensation under Workers’ Compensation Law §11 generally bars you from suing your employer directly. However, workers’ compensation is not your only option. If a third party, such as a property owner, a general contractor, a subcontractor, or an equipment manufacturer, contributed to your injury, you can pursue a separate personal injury lawsuit against that party. In construction accidents, New York Labor Law Sections 240 and 241 may impose strict liability on property owners and general contractors, creating a powerful avenue for recovery beyond workers’ comp benefits alone.
Brain Injury Myths: What You Need to Know
These three myths keep brain injury victims from pursuing claims they could win.
Myth: You must lose consciousness to have a TBI. False. Many serious traumatic brain injuries occur without any loss of consciousness. Cognitive symptoms, memory problems, and emotional changes can all result from a brain injury, even when the person remained awake throughout the accident.
Myth: A negative CT scan means there is no brain injury. False. Standard CT scans often miss the subtle structural and functional changes caused by a mild TBI. Neuropsychological testing and advanced neuroimaging, such as MRI and diffusion tensor imaging, can reveal damage that a CT scan does not detect. Properly documented, these invisible brain injuries can support substantial verdicts.
Myth: A mild TBI is not compensable. False. Under New York law, a mild TBI that causes lasting cognitive, emotional, or physical symptoms can satisfy the serious injury threshold under Insurance Law §5102(d) and support a significant damages award. The key is thorough medical documentation and expert testimony.
Frequently Asked Questions About Brain Injury Cases in Staten Island
What Is the Statute of Limitations for a Brain Injury Lawsuit in New York?
In most cases, you have three years from the date of the accident to file a personal injury lawsuit (CPLR §214). If the injury was caused by medical malpractice, the deadline is two and a half years from the date of the malpractice or the end of continuous treatment (CPLR §214-a). Wrongful death claims must be filed within two years of the date of death (EPTL §5-4.1). Missing any of these deadlines bars your claim permanently.
How Much Does a Brain Injury Lawyer Cost in Staten Island?
Our firm works on a contingency fee basis. You pay no upfront costs and owe no attorney fees unless we recover compensation for you. Case-related expenses, such as expert witness fees and medical record costs, are advanced by the firm and deducted from the recovery at the end of the case.
What Is the "Serious Injury" Threshold in New York?
Under Insurance Law §5102(d), a motor vehicle accident victim can only sue for pain and suffering if the injury qualifies as “serious.” The categories include death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or system, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and a medically determined impairment preventing substantially all usual daily activities for at least 90 of the 180 days following the accident. A TBI can satisfy this threshold even without a fracture or loss of consciousness.
Can I Still Recover Compensation if I Was Partly at Fault for the Accident?
Yes. New York follows pure comparative negligence under CPLR §1411. Your compensation is reduced by your percentage of fault, but you are not barred from recovery. Even if you were 50 percent at fault, you can still recover 50 percent of your damages.
What if My Brain Injury Symptoms Appeared Days After the Accident?
Delayed onset is common with traumatic brain injuries. Symptoms such as headaches, cognitive fog, and mood changes sometimes do not appear until 24 to 72 hours after the accident, or even later. Seek medical attention as soon as symptoms appear and document everything. Delayed diagnosis does not prevent you from pursuing a claim, but prompt medical care strengthens your case.
How Do You Prove a Brain Injury if There Was No Loss of Consciousness?
Loss of consciousness is not required to prove a TBI. We build these cases through neuropsychological testing, advanced neuroimaging, treating physician testimony, and detailed documentation of your symptoms and functional limitations. Neuropsychologists can identify cognitive deficits that standard emergency room evaluations miss entirely.
How Long Do I Have to File a Claim Against the MTA or a City Bus?
You have 90 days from the date of the accident to serve a Notice of Claim on the MTA or other government entity under General Municipal Law §50-e. This deadline is strict. Missing it permanently bars your claim. Contact our MTA accident lawyers immediately if a government vehicle was involved in your accident.
What Should I Do Immediately After a Head Injury in Staten Island?
Seek emergency care right away, either at Staten Island University Hospital or Richmond University Medical Center. Follow all medical instructions and attend every follow-up appointment. Document the accident scene with photos if you are able. Do not give a recorded statement to any insurance company. Contact a brain injury lawyer before signing anything or accepting any payment from an insurer.
Reach out to us for a free consultation, available 24/7. Our attorneys are ready to review your case at no cost and with no obligation. No fee unless we recover compensation for you.
She switched lawyers after watching YouTube. Two surgeries later: $1,150,000 settlement.
After my car crash in 2023, I hired a lawyer, I started watching Arkady Frekhtman videos on YouTube. Then I realized I was wasting time with the lawyer I had. He changed everything for me. I had my $50,000 no-fault which I didn't have with the first lawyer. I got my 2 surgeries and in 1 year I had my settlement for $1,150,000. And I can't be more grateful to find this firm. Always in contact with me letting me know all about the case. My lawyer Arleen — the best — and Jennifer who lowered my liens with good negotiation. Love the professionalism everyone has in this firm.
Speak With a Staten Island Brain Injury Lawyer Today
A brain injury changes everything. The medical bills, the lost income, the uncertainty about your future, none of that should fall entirely on your shoulders when someone else’s negligence caused your injury.
At Frekhtman & Associates, we represent brain injury victims across Staten Island, Richmond County, and all five New York City boroughs. Founding attorney Arkady Frekhtman built this firm on the belief that every injured person deserves the same quality of representation, regardless of their financial situation. That is why we charge nothing up front and take no fee unless we recover compensation for you.
We offer a free case review 24 hours a day, 7 days a week. For clients who cannot travel due to their injuries, we come to you, whether that means your hospital room or your home.
Explore our practice areas to learn more about how we can help, or contact us now to speak with a member of our team.
No fee unless we recover compensation for you. Free consultation available 24/7.
While it’s possible to handle a personal injury case on your own, having an experienced attorney by your side significantly increases the likelihood of a favorable outcome. According to studies, victims represented by a personal injury lawyer receive higher settlement amounts compared to those who handle their cases independently. For a free case evaluation: